Law Summary
Key Definitions
- Accreditation: Formal recognition of competence.
- Accredited Laboratory: Testing lab recognized for competence.
- Audit: Systematic examination of quality activities.
- Auditor: Qualified and authorized person for audits, registered with BPS.
- Applicant: Company seeking PS Mark license.
- BPS: Bureau of Product Standards.
- Certification Body: Organization conducting certification of conformity.
- Certification of Conformity: Process establishing that a product meets standards after audits.
- Conformity: Meeting standard requirements.
- Director: Director of BPS.
- DTI: Department of Trade and Industry.
- Inspection: Evaluation to verify product characteristics.
- Inspection Body: Performs inspections for conformity audits.
- International/Foreign Standard: Standards by ISO, IEC or equivalent accepted by BPS.
- License: Authorization document to use PS Mark.
- Licensee: Company granted the license.
- Non-Conformity: Failure to meet standards.
- Philippine National Standard: BPS-promulgated product standards.
- PS Quality and/or Safety Certification Mark Scheme: Certification system using PS Mark.
- PS Mark: Mark of conformity affixed on products.
- Registration: Recognizing companies/persons for specific tasks.
- Standard: Basis for evaluating product and quality systems.
- Surveillance Audit: Periodic review of licensee’s conformity.
- Testing Laboratory: Lab that tests product characteristics.
- Test Method: Defined procedure for testing products.
Authorities and Responsibilities of BPS
- Develops or adopts Philippine National Standards.
- Promotes standards through education and publications.
- Issues implementing programs, guidelines, and procedures.
- Officially designates counterpart National Standards Bodies, inspection/certification bodies.
- Enters MOUs and MRAs for foreign audits.
- Conducts conformity and surveillance audits, including market monitoring.
- Grants licenses based on compliance with standards.
- Collects fees and charges from applicants/licensees.
- Regulates PS Mark design and usage.
- Suspends, withdraws, or cancels licenses for cause.
- Requires document submission to verify compliance.
- Accredits testing, inspection, and certification bodies per international guidelines.
- Registers qualified auditors and maintains registries.
- Maintains confidentiality of information.
- Participates in regional/international activities for competence upgrading.
- Negotiates international recognition of PS Mark.
Application Procedure
- Application to be filed in triplicate using prescribed form.
- Applicant must undertake compliance with terms and conditions.
- Applications filed with BPS or DTI offices having jurisdiction.
- Foreign companies file through BPS or recognized counterpart bodies with existing MOUs/MRAs.
- Applications and licenses are standard and site-specific; multiple applications required for different products or sites.
- Quality Manual submission required to demonstrate manufacturing capability.
- Applicant must provide information and product samples for evaluation.
- Audits conducted by registered BPS or counterpart auditors.
- License issued upon satisfactory compliance and is indefinite but subject to annual audits.
Use and Regulation of the PS Quality and/or Safety Certification Mark
- Mark design must conform to specified illustration.
- Affixed on product or packaging if product marking not feasible.
- Size can be adjusted within specified dimensions.
- Use restricted to licensed products only.
- Prohibited use if license is suspended, withdrawn, or cancelled.
Suspension, Withdrawal, and Cancellation of License
- Grounds include:
- Product non-conformity found in audits or market surveillance.
- Failure to comply with license terms.
- False statements in application or maintenance.
- Violations of the Order or trade and industry laws.
- Director may adjudicate suspension or cancellation under established executive orders.
- Licensee must be notified with grounds and given a 15-day period to be heard.
Terms and Conditions for Licensees
- Compliance with relevant laws including R.A. 4109, E.O.s 133 (1987), 913 (1983), and R.A. 7394.
- Licensee must maintain product conformity and quality management system aligned with ISO 9000 series.
- PS Mark must only be affixed to certified products.
- Grant access to authorized BPS or counterpart representatives for audits.
- Subject to at least annual audits.
- Full responsibility for quality of subcontracted products.
- Obligation to notify BPS about management, brand, or plant site changes.
- License validity contingent upon audit after plant site transfer.
- License is non-transferable.
- Payment of required fees and charges.
Fees and Charges
- Fees payable to BPS, DTI offices, or recognized counterpart bodies as prescribed.
- Fees subject to revision.
- Licensee legally responsible for auditors during audits.
Quality Management System Requirements
- Existing licensees to align with ISO 9000 series standards by 1998.
- New applicants must comply with ISO 9000 series requirements.
- Product audits based on relevant specific standards.
Repealing Clause
- This Order supersedes Department Administrative Order No. 4, Series of 1994.
Publication and Effectivity
- To be published in two newspapers of general circulation.
- Takes effect 15 days after publication.